1

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 19.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE. N.SESHASAYEE

Crl.O.P.[MD].No.4091 of 2019

Nammalwar Srinivasan : Petitioner / Petitioner / Accused No.1

/Vs./
State through
The Inspector of Police,
All Women’s Police Station,
Virudhunagar. : Respondent /Respondent /Complainant

[Crime No.4 of 2009]

PRAYER: Criminal Original Petition is filed under Section 482 of
Cr.P.C., to call for the records relating to the impugned order in
Cr.M.P.No.965 of 2019 in C.C.No.60 of 2016 dated 11.02.2019 on
the file of the Judicial Magistrate No.II, Virudhunagar District and
set aside the same and permit the petitioner to travel to Singapore
and to return in August 2019.
For Petitioner : Mr.G.Mariappan
For Respondent : Mr.V.Neelakandan
Additional Public Prosecutor

ORDER

This petition is filed seeking permission for the petitioner to

travel to Singapore.

2. According to the learned counsel appearing for the

petitioner, the petitioner has been working in Singapore, that he

has married to the de facto complainant, that since 2002
http://www.judis.nic.in
2

matrimonial differences entered in their life and eversince the

spouses are living separately. This is the only case pending

between the parties in which the petitioner faces charges for

offences under Sections 498A, 406 and Section 4 of the Dowry

Prohibition Act.

3. The learned Additional Public Prosecutor submitted that

there are nine witnesses in this case. The case has been charge

sheeted on 10.11.2009 and was taken on file in C.C.No.329 of 2009.

Since the petitioner did not appear, the case was finally split up as

against his parents in C.C.No.60 of 2016, in which, six out of the

nine witnesses have already been examined. In the meantime, look

out notice was issued for the petitioner on 09.10.2015,

subsequently, the petitioner submitted to the judicial process, still

the look out notice is pending.

4. The learned counsel appearing for the petitioner submitted

that the petitioner is working in a private concern, that if he was

not allowed to leave Singapore till 2016, since he was under a

contract of employment from 2009 to 2016. The petitioner now

wants to return to Singapore. But, look out notice is kept alive.

5. Taking into account the totality of the matters, this Court

now directs C.C.No.329 of 2009 now pending before Judicial
http://www.judis.nic.in
3

Magistrate for trial and the entire trial is now directed to be

concluded within a period of three months from the date of receipt

of a copy of this order. In order to avoid conflict of judgment, the

trial Court is also directed to try both the cases simultaneously.

Accordingly, this criminal original petition is disposed of.

19.03.2019
Index : Yes/No
Internet : Yes/No

To

1.The Inspector of Police,
All Women’s Police Station,
Virudhunagar.

2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court, Madurai.

http://www.judis.nic.in
4

N.SESHASAYEE, J.

sm

Crl.O.P.[MD].No.4091 of 2019

19.03.2019

http://www.judis.nic.in